LTFRB RECALLS PETITION FOR EXEMPTION for Private (NOT FOR HIRE) TRUCKS!

Saturday, August 09, 2014

UPDATE:  August 16, 2014

Here's the ACTUAL Memo recalling the previous Memo
 
http://candishhh.blogspot.com/2014/08/ltfrb-memorandum-circular-2014-14.html

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This means that THERE IS NO NEED TO FILE A PETITION FOR EXEMPTION!

There is LIGHT at the end of the tunnel for all privately owned trucks that are NOT FOR HIRE!!

Here's the LATEST tweet from the LTFRB Chairman Ginez:

Here is the official link:
https://twitter.com/LTFRB_Chairman/status/498119918387073024


So glad that I was browsing Twitter at this exact time..

So there you have it readers!! :)

NO NEED TO FILE A PETITION FOR EXEMPTION for Privately owned NOT FOR HIRE trucks!!

To the law firm that has posted numerous advertisements to my comment section - are you going to refund those who sought you assistance?

Yehey!!

Update:  August 11, 2014 9:12AM  (please refer to the Twitter Account of @LTFRB_Chairman)



31 comments :

  1. thanks a lot sa info..it means wla khit anong ipa file ang private trucks?hoping n alam yan ng mga manghuhuli.cross fingers prin.

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    1. Hi Anonymous! You are most welcome!! :) I'm sure hindi pa nila alam since Saturday night palang na-i-tweet. Pero hindi naman sila pwede manghuli since may extension yung until August 29 to comply. So if mahuli kayo - nangongotong lang iyon.

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  2. hi! thank you for this! =)
    btw. just wanna make clear...

    for example..
    im a corporation, ang need ko lang gawin is..lahat lang ng delivery trucks should be under my corporate name? tama? as in un lang gagawin ko?

    thank you so much!

    Godbless You!

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    1. You are most welcome!!

      I think kelangan under your corporate name BUT I am not sure rin ha. Better ask the LTFRB - or better, since hindi na kelangan ito. Abangan natin yung bagong Memorandum Circular.

      Thanks din for commenting! Sana nagiiwan kayo ng Pangalan para naman makapagreply ako ng mabuti sa inyo!

      Love, Didi

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    2. Thank You for your humbly response Ms. Didi, btw, izha here =)

      Hm.. ang prob ko kasi.. need gumawa ng bagong Deed of Sale.. but ang prob is patay na ung seller. kasai super tagal na ng truck namin... elementary pa ko nung binili nmin to...

      hmm...

      Fingerscrossed.=)

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    3. Hi Izha! :) Oh... Pag ganyan kelangan na natin i-consult sa lawyer or experts!

      I'm keeping my fingers crossed for you!!

      Love, Didi

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  3. hello, buti naman
    narecall nila magpafile na sana kami...talaga naman pabigat sa maliliit na negosyante yun ..

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    1. Hi Anonymous!

      Buti nalang na-recall! Hindi na sayang oras, effort and pera!!

      Love, Didi

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  4. Thanks a lot. This is really helpful

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  5. Hi Sana maglabas na agad ng bagong memorandum and ltfrb soon...

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    1. Maglalabas daw within the week, but its already Friday and wala parin..

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  6. THANK YOU!!! i just finished completing the documents required buti na lang binawi na ito. pabigat sa mga small/medium enterprises. Government agency don't study the pro and cons of their policies which greatly affect PH economy. (e.g. truck ban: now we feel the effect of this taas nanaman prices of goods) agad agad may ganito ganyan... wala man lang time frame of policy or experimental period

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    1. Welcome!! To be honest, kung kailangan naman at may reason, susunod naman tayo diba? Ang ayoko lang is paiba iba PLUS hindi pa pinapaalam sa lahat. Selected few lang..

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  7. Just came back from LTFRB. Yes, the stupid memo was recalled. Drivers of private trucks should only present three items to the apprehending officer:

    1. Vehicle OR/CR
    2. DTI/SEC registration
    3. Official Receipt if the truck is used to procure items or Delivery Receipts if the truck is used to deliver items.

    All three must be under THE SAME NAME

    Also, only LTO and LTFRB are authorized to apprehend colorum vehicles unless MMDA and local patrols can present mission orders.

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    1. Thank you so much for this!! :)

      Nako, MMDA pa naman mahilig manghuli. Honestly, I think all agencies are very 'ata' na manghuli.

      Thanks again for this! I hope you left your name so I can say THANK YOU properly!

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  8. Thanks for recalling LTFRB MC 2014-011. This time, can DENR and other gov't agencies recall the issued order on Smoke Belching? Nagaging palabigasan ito ng mga smoke belcher enforcers.
    Dillema rin ito ng mga truck operators. Ang mababang lagayan ay Php500.00 kada huli.

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    1. Yung Smoke Belching - dapat may guidelines yan. Kasi yung mga nanghuhuli, pipilitin na you are violating kahit na pasado sa lahat ng tests. Yung huling bomba lang yung failed. Crazy diba?

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  9. Hi!.. Ask ko lng po kung san makikita ang memo at kung totoo po ba na buburahin na yun pangalan ng sasakyan at mtitira na lang un capacity? At ano pi ba un invoice san makukuha un. Salamat s pagtugon

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    1. HI Karen! Wala parin yung memo kasi pinapipirmahan pa raw. So wait muna tayo.
      Thanks!!

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  10. Thank heavens that these officials finally came to their senses. Some fixers are already having a heyday after this MC came out. Finally, the monkey is off our backs. I've been actually having sleepless nights regarding this matter..Same with apprehending smoke belchers,it is just an absurd ruling.

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    1. Monkeys will always be there naman. Its just a matter of ridding them all or ignoring them.

      Smoke Belching is another issue nga.

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  11. Have they issued the new guidelines for the private trucks or a memo at least? I talked with MMDA Operations department and they are not aware of the recall of 2014-011. They insist that green plates must either have a PA or a Certificate of Exemption. Also, you cannot just brandish a claim that MMDA officers have no right to apprehend for colorum because if they insist on taking out your plates you cannot do anything (MMDA is not under LTFRB), especially since, if you complain at their office in Orense, the people there will insist that MMDA has the right to apprehend colorum.

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    1. Within the week daw ang issuehan ng memo but its already Friday, we're all waiting for it parin.

      As for the colorum - in my opinion, if colorum talaga - they should be caught. No questions asked yan.

      But with the apprehension - parang lumalabas free for all yung ginagawa nila. They don't care which agnecy issued it as long as their agency said they can - they can and they will. that's the problem with our system. Hindi siya UNIFIED. Kanya kanyang rules and regulations per agency.

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    2. That's going to be a problem starting tomorrow since the MMDA office said they will start apprehending tomorrow. This is the scenario:

      You have a private truck (with green plate). You do not have a Certificate of Exemption (because LTFRB did not issue any). Your truck is carrying your own cargo. The driver brings the OR, the DR, the SEC or DTI papers (all consistently bearing the name of the company). The MMDA apprehends you and asks for either a PA or a Certificate of Exemption. You only present the OR, DR and SEC certificate, which of course the MMDA will not recognize because there is no official memo that this is the new guideline of the LTFRB. The MMDA officers declares you are a colorum operator and starts to remove your plate. You next claim that the MMDA is not authorized to apprehend you for that kind of violation because only LTFRB deputized officers know the new guidelines. They insist they have that authority. You have 2 choices.

      1. Let them take your plates under protest and subject yourself to adjudication. But the adjudication will be under the MMDA and using their rules (who do you think will prevail).
      2. Pay the MMDA officer whatever they ask so they will let you go.

      The same thing will happen with the local traffic officers like the MTB officers in Manila, the Green boys in QC, etc.

      So, will we risk allowing our trucks to travel starting tomorrow?

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  12. Hello!! Sana maglamas n sila ng memo para nmn my panlaban tayo s mga ng huhuli , like mmda or lto . Sk para hindi tyo nangangapa sa dilim. Till now wl pa din s web site ng ltfrb ang cnsv n memo

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  13. meron na sa LTFRB website - MC 2014-014 about sa Recall of MC 2014-011 RE: acceptance for filing application / petition for exemption.

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    1. The memo says that the LTFRB will stop accepting applications for exemption. But this memo is incomplete. What will those private trucks (used for own businesses) do now if the MMDA apprehends them on the road? A typical scenario would be if an MMDA or police officer stops a loaded green plate vehicle. The apprehending officers charges colorum. The driver claims cargo is for own use of the truck owner and presents invoice and DR as proof. The apprehending officer could easily not honor them because there is no specific memo that they will be acceptable proof. This is how enforcers make money - ambiguous laws and memos.

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    2. Pls update on this. what do we do if the apprehending officer will not honor the documents presented. should we still apply for CPC to be sure? thank you in advance..

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    3. So this is what happens now on the street as we have experienced with our trucks. In Pasig 1 week ago, our truck was apprehended by MMDA officers. They were asking for a PA (provisional authority), our driver said it is a private truck hauling private cargo and showed the DR as proof along with CR/OR. The MMDA officer is asking for Certificate of Exemption, so our driver said the LTFRB suspended issuance of the exemption. The officer said in which case, since we have no PA and no CE, we are colorum and threatened to remove the truck plate. He said we can argue our case at the MMDA office but offered to help us for 1000. We wanted to argue the case but if we do that, they will take the plate number and we will wait for a hearing schedule. If we do that, we cannot use the truck until the case is resolved which means we have to hire a truck while we await hearing. This is going to be expensive so we just paid the P1000.
      Then on Saturday evening another truck of ours got apprehended by MMDA officers accompanied by some policemen at the intersection of Commonwealth Ave and University Ave (UP). The enforcers also claimed the truck is colorum (same reason, no PA, no CE). At that time the truck is not even loaded but the driver still had the DR from that delivery. Again the officers threatened to remove the plates but are willing to settle for P300.00. The officers are wearing black jacket covering their nameplates. When I called the MMDA hotline, the MMDA hotline said they have no team assigned at that location so it's probably an LGU group but I told them our drivers recognize the MMDA uniform under the black jacket and asked them to investigate. The MMDA said we should report this instead to the nearest police station. But I told them the MMDA officer has several policemen with them. They insisted we report that to the police station. We settled the P300.00

      Again last Sunday, another truck of ours got apprehended along Mindanao Avenue near Sauyo. Same violation, colorum. They did not bother to look at the DR and import documents, they only wanted to see a PA or EC. They settled for P300.00.

      I finally decided to call the MMDA complaint desk. However, even the MMDA complaint desk insists that during their last seminar, the officers are only told to look for the PA or EC. She said no memo has been issued about what to do after the revocation of the need for CE. She insists that the MMDA has the right to apprehend our vehicles as colorum but she cannot justify it considering the new guidelines.

      I took a look at the MC's issued by the LTFRB and noticed the ambiguity:

      MC 2004-043 Issued 2004. Requires owners of trucks to apply for CPC and for private trucks to apply for certificate of exemption to operate their vehicles.

      MC 2009-013, Issued June 2009. Modified MC2004-043 by excluding the filing of Certificate of Exemption citing that the filing of exemption has been abused by haulers. Therefore, no certificate of exemptions will be issued.

      MC 2014-011. Once more allowed the issuance of Certificate of Exemption for Private trucks.

      MC 2014-014. Revokes 2014-11 so no more CE's will be given.

      In none of these memoes was it clear what private truck owners should do. This is the ambiguity that the MMDA and other officers are exploiting.


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  14. Good to hear. d2 kc samin sa TPL Car insurance Manila North eh tinatanong, wla p kming update s balitang yan. buti n lang sir. tnx.

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